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Judgment
17 paragraphs · 287 wordsThis petition has been filed by the petitioner seeking the following relief:
“(i) Issue a writ, order or direction in the nature of mandamus directing the respondent to release the vehicle of the petitioner forthwith in the facts
and circumstances of the case.â€Â
It is submitted by the learned counsel for the petitioner that the petitioner is the owner of the trucks bearing registration no.UK-07CA 5499 & UK-
07CA3699. It is stated that the said trucks of the petitioner were seized by the authority against the spirit of laws and also against the mandates of the
settled principle of law and further the challan was issued under the Motor Vehicle Act, 1988 on 03.2.2018.Â
Learned counsel for the petitioner further submitted that, in any case, the petitioner cannot be legally held responsible for the mining act for which
no notice is given to him, as reflected in the challan. It is also submitted that the petitioner has furnished challan/fee as mentioned.
It is submitted by the learned counsel for the petitioner that the vehicle should not be and cannot be withheld for the illegal mining, which has not
been stated in the challan. This submission has some force. Naturally, petitioner cannot be held responsible for that offence, which is not mentioned in
challan.
Learned counsel for the petitioner further submitted that the petitioner has approached the Magistrate by filing an application, the same was decided
on 06.3.2018 for the release of the vehicle in Case No.187/2018.Â
Considering this submission, it is directed that in case petitioner approaches concerned Thana Incharge, he will release the vehicle as per direction
of the Judicial Magistrate.
The writ petition is disposed of accordingly.
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